Legal Question in Family Law in Iowa
Ex remarried 3 mos ago, new husband wants to adopt my son
A year ago my wife and I got a divorce because she was involved with someone else. She has full custody of our son that we had during our marriage. My visitation with him is every weekend. I have not seen my son since Easter. Our divorce was final in Illinois but she was given permission to move to Iowa (closer to her mother for help taking care of our son.) She remarried and now her new husband wants to adopt my son. I do not want this and I am afraid that they will go behind my back somehow and accomplish this. Does the law say that they have to have my permission because I am his father? What do I do?
1 Answer from Attorneys
Re: Ex remarried 3 mos ago, new husband wants to adopt my son
The Illinois Adoption Act requires your consent for an adoption, unless your parental rights have been terminated (e.g., unfitness). However, it is possible that any attempted adoption might arise in Iowa (where the child, mother, and proposed new parent live) and proceed under Iowa law. You should resubmit your inquiry about adoption to an Iowa lawyer.
With regard to visitation, you have rights. I am confident there are many very skilled attorneys in your area who can meet your needs and advise you regarding modifying or enforcing of your visitation rights.
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